Study On Adult Independent Guardianship System In China

With the deepening of the concept of human rights,it is widely accepted in the world that whether the adult guardianship system of a country or a region is qualified to respect and protect human rights is an important criterion for judging the merits and defects of the adult guardianship system.The reform of the adult guardianship system has been explored internationally.In China,in order to conform to the trend and change of the international society,the general provisions of the civil law of the People's Republic of China stipulates that the adult guardianship system reflects the renewal and progress of the concept of adult guardianship in China.Adult voluntary guardianship should not only meet the basic needs of the person and property management of the ward,but also respect the human rights and free will of the ward as a vulnerable member of the society.However,China's relevant laws only carry out the framework provisions,and the civil code sub-draft rules on guardianship do not involve the specific provisions of adult customized guardianship,and the system supporting system is not very perfect and there are few detailed rules according to which the system can be operated,thus restricting the application of the system in the practical operation of our country.Due to the lack of guidance or improper consideration,the content of the adult voluntary guardianship contract is missing when it is concluded,which has a lot of potential risks.Therefore,this paper takes the practical operation of the system in our country as the entry point,based on the statistical analysis of adult idiomatic guardianship cases,proposes Suggestions for the establishment of operable and constructive rules and norms for the adult idiomatic guardianship system in our country,so as to gradually improve the life,safety,health and social activities of the elderly population,the disabled and other applicable groups in China.In addition to the introduction,the paper is divided into four parts.The first part is the summary of adult guardianship system by,from the concept of adult guardianship by related concepts,characteristics,legal nature and the analysis of its definition,reveal the adult guardianship by perfecting in dealing with the aging problem,suitable for worldwide human rights protection in new ideas and improve the system of monitoring system is of great practical significance to our country.The second part is the legislation and judicial status of adult intentional guardianship in China.Sort out,and use empirical analysis to explore the application of judicial judgment in China's adult intentional guardianship.The third part is the deficiency of the adult voluntary guardianship systemin our country,which has a great practical demand in our country.However,due to the late start of legislation,relatively general legal provisions,lack of standardized and unified mechanism in judicial operation,and insufficient publicity,the practical application of voluntary guardianship system in our country is limited.Based on the above argumentation,this part analyzes the existing specific problems concerning the legal requirements,contract effectiveness and guarantee mechanism of the voluntary guardianship contract in the system based on representative cases.The fourth part is the suggestions for the improvement of adult idiomatic guardianship system in China.Under the background of civil code compilation,more detailed provisions are needed to make the new way of adult idiomatic guardianship providing relief for the rights and interests of vulnerable groups truly effective.This part draws on the mature legislative provisions of other countries outside the region and the practical experience of China's customized guardianship notarization,and puts forward countermeasures to improve it from the legal requirements of the contract,the relevant provisions on the effectiveness of the contract and the guarantee mechanism of the system.